Throughout the 2018 Annual Workhorse Seminar many speakers discussed video and how video can be utilized within their practices. On Tuesday, Gerry Oginski from The Law Office of Gerald Oginski in Great Neck, New York discussed, “How Video Marketing Can Make You a Better Trial Lawyer and Get You Better Cases.” Mr. Oginski began his presentation by reminding the attorneys in the room that whether or not they want to admit it, each and every one of them is a marketer and a salesman. Generating trust and credibility is a key component of being a marketer, but before trying to gain the audience’s trust, attorneys need to understand the purpose of a legal marketing message. Mr. Oginski states, “The purpose of the message is to get someone to notice you and then to take action.” One way to get noticed is by producing a “pattern interrupt”, which is essentially a psychological motivating trigger that gets someone to take notice. Stand out from the crowd! Get noticed by getting into the minds of your audience and then speak to them directly via web videos posted on your web page and Youtube account.

The great Gary Gober from Gober Law in Nashville, Tennessee had an interesting presentation about, “The Trial Lawyer and The Meaning of Life – The Powerful Presentation of Damages in a TBI Case.” Most traumatic brain injury cases are classified as “mild” which means they don’t show up on CT scans and are more difficult for the other side to understand the extent of the plaintiff’s injury. With these type of cases, it really comes down to what makes life worth living. Experts, animations, and medical reports are important but they are not generally what wins cases. Before and after witnesses are incredibly important because they help paint the picture of what the plaintiff used to be like and how they are different now. The value of the case should not be based on the past and future medical expenses, but instead on the life they are now missing out on. “What is the value of losing the memories of your loved ones” Mr. Gober discusses and how so much can be taken away from the victims of a traumatic brain injury. The goal of the attorney is then to convey that emotional message to the adjusters and jury.

Compiling a video presentation that includes before and after witnesses along with footage of how the plaintiff must live present day and photos of how happy they were before the accident at hand can be insightful for adjusters to see. Video has the ability to show what written words cannot.

Frank Branson from Dallas, Texas enlightened the audience about, “Demonstrating Your Case to the Jury – How It Can Make a Difference – Imagination, Creativity, and Innovation.” Mr. Branson discusses the difference between an average and a great lawyer. The answer is simple. Persuasion. If you are not persuading the jury then you are failing to hit the mark. One way of doing so is by speaking the juries language, which can be done through stories. Juries love stories. Mr. Branson points out, “We learned as children from stories. We didn’t like going to bed, but we loved the stories our mothers, dads, and grandparents told us.” As adults, we continue to love being told stories. Think about television shows and movies and why they are are so popular. The audience is entertained by being told a story.

A video is such a powerful way to not only tell someone’s story but to show it. Whether you are showing a settlement documentary during mediation or a day-in-the-life video at trial, your audience is able to see first hand what your client goes through on a day to day basis. With technology being such a huge part of our lives, seeing first hand on a television screen is a lot more persuasive than reading papers or hearing someone’s reenactment of events. Video persuades!

The quality of your web presence reflects the professionalism of your firm. At Image Resources, Inc. we craft each web video to help get your message across. With so much cut throat competition, it is essential that you stand out and connect to prospective clients in a unique fashion. No matter the complexity, we can create a great end product to display on your webpage, advertisements, and social media. Our goal is to help your firm connect with the audience.

Below is an example of a web video created for a client:

Big or small if you have an idea for a web video give us a call 317-228-9080.

Not every case is suitable for a settlement documentary, and some care must be taken in thinking through the basic criteria. The best documentaries we have produced have been those with thoughtful and credible witnesses, and with injuries- whether physical, emotional, or cognitive- that are significant.

A case involving death or significant injuries usually involves aspects that lends itself well to the settlement video. Another type of case which benefits from video is one that is difficult to show the strengths with words alone. For example, you may have a case with great witnesses. Those witnesses may be experts, healthcare providers, co-workers, or just people who know the client. It isn’t helpful just to tell the other side that you have great witnesses. Likewise, at the time you are discussing settlement the other side probably hasn’t met or deposed most, if any, of the witnesses. The video is a great way for the other side to see these witnesses and add value accordingly.

A knock-down-drag-out settlement documentary is multifaceted, and consists of layer upon layer of information, much like the layers of an onion. As you scratch one surface, another reveals itself.

Let’s start with a basic Day-In-The-Life video. We see the plaintiff’s struggles and the help he requires day-in and day-out. These include dressing, wheelchair transfers, grooming, meals, transportation, therapies, and so on. We have the images, but no real explanation of what we’re watching.

Rather than watching the video with no commentary, it is more effective to hear the voices of family, friends, neighbors, and co-workers as they describe the day-to-day struggles that we see unfolding in the Day-In-The-Life video. These narrations are compelling, but we still lack any background of what is medically wrong with the plaintiff.

Wouldn’t it be nice to preface the Day-In-The-Life video with a medical statement from the treating surgeon? She’ll appear on-camera and describe the diagnosis, treatment, and prognosis of the client. All the while, she’ll refer to x-rays, MRIs, anatomical models, and medical illustrations to educate the viewer about the nature of the plaintiff’s injury, as well as the exact mechanics of the injury’s cause, and the reason for the subsequent surgeries.

Keeping in mind that “contrast” is the powerhouse that defines our non-economic damages, we also need to provide a baseline so that we can compare the injury to the plaintiff’s pre-morbid condition. Let’s put in a segment which clearly and convincingly communicates the plaintiff’s life prior to the injury. This segment is presented through interviews with those who know the plaintiff best, and is illustrated through family snapshots, home movies, and professional awards.

Finally, we need to come up with a way to get the adjuster’s attention immediately, from the beginning. You’ve gathered liability reports, police photos, and witness statements. Let’s put them together into a short segment which explains why the defendant is responsible for the plaintiff’s injuries.

We have taken all these elements, layer upon layer, and combined them into an easy-to-watch documentary that not only tells the viewer, but shows the viewer, much of the evidence that will be presented at trial.